Section 7-603.1 - Penalties(a)(1) Subject to subsection (b)(5) of this section, for just cause on the Commission's own investigation or on complaint of the Office of People's Counsel, the Attorney General, or an affected party, the Commission may:(i) deny a license to, or revoke, suspend, or refuse to renew the license of, a gas supplier, an energy salesperson, or an energy vendor;(ii) impose a civil penalty or other remedy;(iii) order a refund or credit to a customer; or(iv) impose a moratorium on adding or soliciting additional customers by the gas supplier, energy salesperson, or an energy vendor.(2) A civil penalty may be imposed in addition to the Commission's decision to deny, revoke, suspend, or refuse to renew a license or impose a moratorium.(3) Just cause includes: (i) intentionally providing false information to the Commission;(ii) switching, or causing to be switched, the gas supply for a customer without first obtaining the customer's permission;(iii) failing to provide gas for its customers;(iv) committing fraud or engaging in deceptive practices;(v) failing to maintain financial integrity;(vi) violating a Commission regulation or order;(vii) failing to pay, collect, remit, or calculate accurately applicable State or local taxes;(viii) violating a provision of this article or any other applicable consumer protection law of the State;(ix) conviction of a felony by the licensee or principal of the licensee or any crime involving fraud, theft, or deceit;(x) denial, suspension, or revocation of or refusal to renew a license by any State or federal authority; and(xi) commission of any of the acts described in items (i)through (x) of this paragraph by a person that is an affiliate of the licensee or that is under common control with the licensee.(b)(1)(i) A gas supplier, an energy vendor, or any other person, except for an energy salesperson, selling or offering to sell gas in the State in violation of this section or § 7-603 of this subtitle, after notice and an opportunity for a hearing, is subject to: 1. a civil penalty of not more than $25,000 for the violation;2. license denial, revocation, or suspension or refusal to renew the license; or(ii) An energy salesperson selling or offering to sell gas in the State in violation of this section or § 7-603 of this subtitle, after notice and an opportunity for a hearing, is subject to license denial, revocation, or suspension or refusal to renew the license.(2) Each day or part of a day a violation continues is a separate violation.(3) Each customer to whom gas is sold or offered in violation of this section is a separate violation.(4) The Commission shall determine the amount of any civil penalty after considering:(i) the number of previous violations of any provision of this division by the gas supplier, energy vendor, or other person;(ii) the gravity of the current violation;(iii) the good faith of the gas supplier, energy vendor, or other person charged in attempting to achieve compliance after notification of the violation; and(iv) any other matter that the Commission considers appropriate and relevant.(5) The Commission may not impose a civil penalty on an individual energy salesperson in accordance with this subsection.(c) In connection with a consumer complaint or Commission investigation under this section or § 7-603 of this subtitle, a gas supplier, an energy salesperson, an energy vendor, and any other person selling or offering to sell gas in the State shall provide to the Commission access to any accounts, books, papers, and documents that the Commission considers necessary to resolve the matter at issue.(d) The Commission may order the gas supplier, energy salesperson, an energy vendor, or other person to cease adding or soliciting additional customers or to cease serving customers in the State.Md. Code art. Public Utilities, § 7-603.1Md. Code, Public Utilities § 7-603.1
Added by 2024 Md. Laws, Ch. 537,Sec. 1, eff. 7/1/2024.